WILLIAMS v. HOOPER

2276, 117924/04, M5991.

82 A.D.3d 448 (2011)

919 N.Y.S.2d 121

CLAUDE WILLIAMS, Respondent, v. CINDY HOOPER et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 8, 2011.


Even assuming that the jury reasonably could find that a bus struck plaintiff after its driver ran a red light at the intersection of Madison Avenue and 125th Street while proceeding north, the evidence unquestionably established that plaintiff was struck while he was in Madison Avenue itself, not on the sidewalk on the east side of the avenue, some seven feet north of the crosswalk. The jury could not rationally have found fault on the part of the bus driver unless it accepted...

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